Mental Illness and Prohibited Gun Purchase in Arizona

30May
2019

Some people who suffer from mental illness face restrictions on the buying of firearms. Although Arizona has liberal firearms laws, it’s important to be aware of prohibited gun purchase in Arizona.

There are also federal laws that relate to the purchase and possession of firearms for people who suffered mental illness.

Under 18 U.S.C. § 922 it is unlawful for anyone to sell or supply any firearm or ammunition to any person if they have reasonable cause to believe the recipient “has been adjudicated as a mental defective or has been committed to any mental institution.”

Gen purchase and mental illness

Can mentally ill people buy guns?

Arizona’s law relating to mental illness and prohibited gun purchase is less detailed than those of many other states.

Arizona bans possession of a firearm by any person found to constitute a danger to himself or herself or others pursuant to a court order under and whose right to possess a firearm has not been restored pursuant.

The Giffords Law Center to Prevent Gun Violence, a non-profit set up after Congresswoman Gabrielle Giffords was shot in the head in Tucson in 2011, highlights prohibited gun purchasers in Arizona.

A person with a mental illness is barred from possessing a firearm if deemed to constitute a risk to himself or herself or other people or to be disabled under a court order if their right to possess a firearm has not been restored;

Someone who is found incompetent, and not subsequently found competent is also barred from firearm possession as well as a person who is found guilty except insane.

Other prohibited purchasers include those convicted of a felony or adjudicated delinquent for a felony whose civil right to carry or possess a firearm has not been restored.

It’s also a crime to possess a gun if you are serving a term of imprisonment in any correctional or detention facility.

Undocumented immigrants are banned from firearm possession under Arizona law.

Arizona also prohibits any person who was adjudicated delinquent for an offense that would be a felony if committed by an adult from owning, carrying, or possessing a gun within 10 years of his or her release date.

People who suffer from mental illnesses may not always be aware of the specific prohibitions for owning, carrying, or possession of a firearm. Please contact our Arizona criminal defense lawyer today for help.

 

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